Claim means Litigation filed and served against a Covered Party.
Covered Party: (a) the Member; (b) the current and former members of said Member board when such persons are sued for acting within the course and scope of their official duties for the Member board; and (c) adult, non-student Employees of said Member when such persons are sued (i) only in their official capacity or only for equitable, non-monetary relief, and (ii) for acting within the course and scope of their official duties for the Member.
As a condition precedent to any coverage provided by the applicable ATBE Coverage Agreement or any endorsements thereto the Covered Party must give written notice, or assure written notice is provided by an authorized representative of the Covered Party, to the Fund or its designee for receipt by the Fund or its designee within 15 days after service of any Claim on a Covered Party. ATBE coverage will not apply to a Claim received by the Fund or its designee more than 15 days after receipt by a Covered Party.
To report a Claim a Covered Party or their authorized representative must
(1) provide a copy of the Complaint served on the Covered Party, and
(2) provide the date of service of the Complaint on the Covered Party to the following:
The Member nor Covered Party, nor representative or agent of the Member or a Covered Party must not admit any liability, offer to settle or settle any Claim, incur any cost, or retain any attorney, the cost of which the Member or Covered Party expects ATBE to pay.
Please do not report Incidents until Litigation is brought against a Covered Party and a Complaint has been served on the Covered Party.
(Note: All Covered Parties must comply with the provisions herein, including assuring that all Claims are timely reported.)